Restrictive covenant

Restrictive covenant, in Anglo-American property law, an agreement limiting the use of property. Known to Roman law but little used in England or the United States until the 19th century, restrictive covenants are now widely used. To protect property values and provide neighbourhood stability, residential developments commonly include covenants prohibiting nonresidential uses of the properties and specifying the types of dwellings and uses permitted, such as detached houses for single-family use. Commercial developments often restrict the types of permissible businesses. Government agencies and nonprofit organizations use restrictive covenants to preserve open space, farmland, historic structures, and wildlife habitats and to limit uses of land that contains hazardous materials. Restrictive covenants on property can be enforced in court by owners of other properties in the same real estate development and are often enforceable by homeowner or property-owner associations.

Covenants can be used for any purpose that is not illegal, unconstitutional, or against public policy. Racially exclusive restrictive covenants, which were widely used in the United States during the first half of the 20th century, were declared unenforceable in 1948 by the Supreme Court under the equal protection clause of the Constitution’s 14th Amendment. U.S. federal law now prohibits discrimination in housing based on race, colour, religion, sex, national origin, or handicap and allows discrimination against children only in qualifying senior-citizen communities. State and local laws also prohibit a variety of restrictive covenants. See alsoservitude.

principles, policies, and rules by which disputes over property are to be resolved and by which property transactions may be structured. What distinguishes property law from other kinds of law is that property law deals with the relationships between and among members of a society with respect to...

the law of ancient Rome from the time of the founding of the city in 753 bce until the fall of the Western Empire in the 5th century ce. It remained in use in the Eastern, or Byzantine, Empire until 1453. As a legal system, Roman law has affected the development of law in most of Western...